LAWS541 :Omnipresent food Case Study

PART A

Omnipresent Foods (OF) operates an on-demand foodstuff sales business. Their business is becoming increasingly popular with families in Auckland, mainly because they sell in bulk and at significantly lower prices when compared with other food stores in Auckland. Persons intending to buy foodstuff from them would have to make orders via their website. Intending buyers have to select their desired foodstuff items from a digital list available on OF's website. It is expected that buyers choose their preferred delivery date and their payment methods. As explained on OF's website, buyers go about their purchase in any of two forms. They could pay online upon completing their selection of desired foodstuff items, in which case, a token is generated, which, among other things, contain the description paid in advance. This token is expected to be presented to the deliveryman at the appointed date and time of delivery. The other payment option is that buyers can choose to pay at the moment of delivery or a later appointed date, but they would have to pay a bit more than buyers who follow the other payment method. Buyers who desire to opt for this method of payment also get a token, but this token would, among other things, read 'IOU". This IOU token is equally expected to be presented at the appointed date and time of delivery.

Recently, however, it has been reported in the Auckland Online Digest that three persons have expressed their intentions of pursuing separate legal actions against OF. One of them is Herman. Herman claims that he ordered 10 bags of cashew nuts from OF in the belief that the items were purely cashew nuts as described on OF's website at the time. However, at the time of delivery, he received 10 bags of mixed nuts. Although each of the bags contained approximately eighty percent (80%) cashew nuts, they were mixed with peanuts, hazelnuts, and almonds. OF responded to this claim that they had written a note against the particular cashew nut advertisement, stating that "cashew nuts may be combined with other forms of nuts". Herman denies seeing any such note, and that even if he had seen it, the note was vague and uncertain as to what it clearly means.

Aaria is the second of these three persons. She claims that she had believed that by choosing the other payment option available on OF's website, she would get a delivery of foodstuff items she selected. She claims that an IOU token was generated after she had made her order; however, at the appointed date of delivery, nothing was delivered to her. OF has responded that since Aaria had not paid for the foodstuff she supposedly ordered, there she had no contractual right enforceable against them.

Kambiz is the third person. He claims that he had also selected the other payment method and received an IOU token, but that before the appointed delivery date, he had made several phone calls and sent five emails to OF that he was no longer interested in the delivery of the foodstuff because his wife had arranged for foodstuff from another supplier. In any case, OF delivered the foodstuff to his home, but he refused to accept delivery. OF has charged Kambiz's bank account which is linked to his subscription to their website. He is unhappy about this and claims he does not deserve such harsh and 'unfair treatment.

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